Oct. 10, 2013

Robert Davis

Written by

Detroit Free Press Staff Writer

Steven Rhodes

Janice Winfrey

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U.S. Bankruptcy Judge Steven Rhodes agreed Thursday with plaintiffs suing the city over potentially improper printing of election ballots, and ruled that the lawsuit should not be subject to stays of proceedings against the city as it goes through bankruptcy.

At issue was a lawsuit brought by labor activist Robert Davis and co-plaintiff Desmond White, who argue that Detroit City Clerk Janice Winfrey illegally had absentee ballots for the Nov. 5 mayoral election printed before final election results were certified, putting winner Mike Duggan’s name on the ballots before the results were ruled valid. They also argue that the ballots have physical flaws: They’re the wrong size and don’t have adequate information on perforated tabs that help track votes after they’re cast.

Duggan will face Wayne County Sheriff Benny Napoleon on Nov. 5.

At a quick hearing Thursday in federal court in Detroit, Rhodes agreed that Davis and White’s lawsuit in Wayne County Circuit Court can proceed because they are not seeking monetary damages but rather corrective action regarding the ballots. Rhodes was not asked to rule on the merits of the case.

The next hearing before Wayne County Circuit Judge Patricia Fresard is at 2 p.m. Wednesday.